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GERNAND v. OST SERVICES, INC.

Civ. No. 9827.

298 N.W.2d 500 (1980)

Walter GERNAND, Plaintiff/Appellant, v. OST SERVICES, INC., a domestic corporation, Defendant and Third-Party Plaintiff/Appellee, v. CITY OF NEW LEIPZIG, Third-Party Defendant/Appellee.

Supreme Court of North Dakota.

October 29, 1980.

Attorney(s) appearing for the Case

Kelsch & Kelsch, Mandan, for plaintiff/appellant; argued by Arlen M. Ruff, Mandan.

Fleck, Mather, Strutz & Mayer, Bismarck, for defendant and third-party plaintiff/appellee Ost Services, Inc.; argued by Jane Fleck Romanov, Bismarck.

Lundberg, Conmy, Nodland, Rosenberg, Lucas & Schulz, Bismarck, for third-party defendant/appellee City of New Leipzig; argued by Patrick A. Conmy, Bismarck.

Richard J. Gross, Spec. Asst. Atty. Gen., Bismarck, amicus curiae.

PAULSON, Justice.

Walter M. Gernand appeals from a judgment entered against him by the Burleigh County District Court on April 29, 1980. The judgment granted the City of New Leipzig's motion for summary judgment and dismissed the City of New Leipzig from the action. We affirm the judgment of the district court.

Walter M. Gernand was a maintenance employee for the City of New Leipzig. Because the sewer system for the city had become clogged, the city directed...

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